Personal injury claims are often misunderstood. Because of what we’ve learned from TV commercials, courtroom dramas, and stories from friends and neighbors, many of us have developed false notions about what it really means to file a claim.
The sad reality is that believing these false notions can actually keep people from seeking compensation to which they’re legally entitled. That’ll be a huge financial blow for injured parties who, having to take time off work to recover, have trouble keeping up with medical bills and living expenses. It can worsen an already bad situation — all due to a lack of understanding.
If you’ve been injured in an accident, whether it’s a car collision, slip and fall, workplace injury, or something else caused by another’s negligence, it’s important to know what’s really going on.
Here are five personal injury claim myths you might believe are true — along with the truth.
Myth #1: Filing a Personal Injury Claim Means You’re Suing Someone
A common misconception about personal injury claims is that by filing a claim, you’re suing someone. The reality is that most claims are actually filed with an insurance company.
While it’s true that some claims do involve litigation, most are simply filed with an insurance company. The injured party or their attorney simply files a claim with the at-fault party’s insurance company. Negotiations are then held to work out a settlement.
It’s worth understanding this process. When you file a claim, you’re seeking compensation for medical expenses, lost wages, pain and suffering, and more. While litigation can be a part of a claim, it’s not always necessary.
A good lawyer will know whether to negotiate or head to court. So, if you’re injured, say, in a car accident involving a commercial truck, a truck accident lawyer will pursue the best strategy.
Myth #2: Minor Injuries Don’t Warrant Filing a Claim
It’s also common for individuals to minimize their injuries, especially if there are no broken bones or other obvious wounds. They may assume that filing a claim is unnecessary. But some injuries aren’t apparent right away, which is why you shouldn’t dismiss even so-called minor issues.
Medical bills can quickly add up, even if the injuries are minor at first. It’s always best to file a personal injury claim to protect your right to compensation in case of future complications.
Myth #3: Personal Injury Claims are Quick and Easy
Some personal injury claims might be completed relatively quickly, but that’s not always true. While some personal injury claims may be straightforward, others may be more complicated.
Some of the factors that may make the process longer include the following:
- Establishing fault
- Reviewing medical reports
- Dealing with insurers
- Establishing long-term damages
- Gathering expert opinions
It’s also common for insurance companies to conduct their own investigations to reduce the amount of compensation owed to the injured party.
Myth #4: If You Were Partially at Fault, You Can’t File a Claim
Another common misconception about personal injury claims is that if you’re partially responsible, you aren’t eligible to file a personal injury claim.
Under comparative negligence laws, an injured party still has a chance at recovering damages, even if they’re partially responsible for the incident leading to the injury.
Every state has its own unique laws on fault and recovery, but being at partial fault won’t necessarily block you from recovering damages.
Myth #5: Hiring a Lawyer Is Too Expensive
The cost of hiring a lawyer is a major concern for many, which often deters them from seeking professional guidance. The truth is, however, that many personal injury attorneys operate on a contingency fee basis. Such lawyers only get paid if they successfully win your case.
Under a contingency-fee arrangement, a lawyer’s fees will be a fraction of a case’s settlement or court award. If the case is lost, you won’t owe any lawyer’s fees.
When it comes to personal injury cases, there are several common myths that many people believe. These myths often prevent people from pursuing compensation.
If you’ve been injured as a result of someone else’s negligence, it’s important to know the truth behind these common myths. With the right information and help from a good personal injury lawyer, you’ll be better able to evaluate your situation and determine how to proceed.
In the end, personal injury cases are about accountability and recovery. They aim to ensure that injured people have the chance to rebuild their lives and health as they recover.
